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The Second Amendment Foundation (SAF) and its partners have filed a petition for a writ of certiorari with the U.S. Supreme Court seeking review in Christian v. James, a case challenging New York’s sweeping “sensitive places” firearms carry ban.

SAF has already secured two victories in the case, with the federal district court ruling that New York’s prohibition of concealed carry on private property open to the public is unconstitutional – a ruling later conceptually reaffirmed when the Supreme Court struck down a near-identical Hawaii state law in Wolford v. Lopez. In May, the Second Circuit affirmed that ruling as it relates to carry on private property open to the public. In the same ruling, however, the Second Circuit upheld the constitutionality of New York’s carry ban in public parks. That ruling lead to today’s petition asking the Supreme Court to review the case.

“For the same reasons both the Supreme Court and Second Circuit struck down major portions of this law already, the remaining ban on permitted carry in public parks should meet the same fate,” said SAF Executive Director Adam Kraut. “This firearm carry ban applies to every public park across New York, from Central Park in Manhattan to remote state forests and recreational areas. New York has beautiful outdoor spaces and those who enjoy those scenic landscapes should not be forced to be vulnerable and unable to protect their families. We learned in the Supreme Court’s Wolford decision that the Second Amendment protects the ability of peaceable Americans to carry as they go about their daily lives. For many New Yorkers, taking advantage of the beautiful public parks is part of their daily lives. As the Court continues to explain precisely what types of public spaces can be deemed ‘sensitive’ we are hopeful that it takes this opportunity to hold that public parks are not among them.”

As stated in the petition, “Only (the Supreme Court) can resolve whether the Second Amendment’s promise will apply to all Americans guaranteed the fundamental right it protects.” SAF is joined in the case by the Firearms Policy Coalition and Brett Christian, for whom the case is named.

“If there’s ever a time when a citizen should be allowed to carry a firearm for self-defense, it’s in the wilds of New York,” said SAF founder and Executive Vice President Alan M. Gottlieb. Read more

Firearms Policy Coalition (FPC) announced today that it and its co-plaintiffs filed a motion for summary judgment in Struck v. Davenport, asking the United States District Court for the District of New Jersey to declare the State’s “one-gun-a-month” handgun purchase ban unconstitutional and permanently enjoin its enforcement. This move comes after FPC was successful in striking down California’s similar law—the first time the Ninth Circuit issued a final judgment striking down a law as unconstitutional under the Second Amendment.

FPC’s motion argues that the case is straightforward under the Supreme Court’s Second Amendment precedents. The constitutional text protects the right to “keep and bear Arms,” and courts across the country have recognized that the right necessarily protects the ability to acquire firearms. Because the plaintiffs seek to acquire handguns for lawful purposes, the motion argues that their conduct is presumptively protected and New Jersey bears the burden of proving that its restriction is consistent with the Nation’s historical tradition of firearm regulation.

The FPC motion also points to FPC’s landmark victory in Nguyen v. Bonta, where the Ninth Circuit struck down California’s substantially similar one-gun-a-month restriction. Read more